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A District Court Endorses a Broken Prepublication Review System

Last week, a district court in Maryland dismissed a constitutional challenge to the system of prior restraints that prohibits millions of former intelligence agency employees from…
Speaker of the House Nancy Pelosi and Marine Corps Gen. Thomas Waldhauser, commander, U.S. Africa Command, shake hands as she steps out of a car during a visit April 13, 2019 in Stuttgart, Germany.

Great Expectations: AFRICOM’s New Quarterly Report on Civilian Casualties

A look at circumstances under which civilian casualties may occur in Somalia, why the US military may be under-reporting the numbers, and what to do about it.
U.S. Army Gen. Stephen Townsend, commander, U.S. Africa Command, and Maj. Gen. Mpho Mophuting, director of general support services, Botswana Defence Force, meet Aug. 14, 2019.

What Counts As Sufficient Transparency on Civilian Casualties in Somalia

Former National Security Council and Defense Department official writes about upcoming civilian casualties report from AFRICOM, and what will still be missing.
U.S. Army Spc. Christopher Andres, infantryman assigned to Task Force Guardian, 41st Infantry Brigade Combat Team (IBCT), 1-186th Infantry Battalion, Oregon National Guard, provides security for a 75th Expeditionary Airlift Squadron (EAS) C-130J Super Hercules during unloading and loading operations in Somalia on Feb. 6, 2020.

US Ramps Up War in Somalia, Killing More Civilians

While much of the world tries to fight a global pandemic that has already killed thousands, the U.S. military has been secretly stepping up its war in Somalia, killing civilians…
A temporary hospital is set up at the Jacob K. Javits Center on March 27, 2020 in New York. Cubicles with curtains are set up with a cot, a chair, a backpack, and a small garbage can each.

9/11 All Over Again

As in the days after 9/11, the current challenges stemming from COVID-19 seem unprecedented. But the parallels are striking.
US Senate Majority Leader Mitch McConnell arrives to attend a meeting to discuss a potential economic bill in response to the coronavirus, COVID-19, in Washington, DC, on March 20, 2019. He walks with a group of people. No one wears a face mask.

We Badly Need Congress to Act. We Don’t Need Congress to Act in Person.

Remote voting critically helps ensure that Americans are not effectively disenfranchised if and when their representative becomes unable to show up in person.
Classified stamp

The Legally Troubling Treatment of COVID-19 Meetings as Classified

I represented the government until late 2018, and I've got serious concerns, writes former Deputy Director of Appellate Staff of Department of Justice's Civil Division.
A hand holds a blue highlighter as they highlight words and phrases of a blurry document.

What to Watch For in White House’s Annual Report on Use of Military Force

The report is due Sunday, March 1, and here are the key legal and policy issues to keep a sharp eye on.
Flags of USA and Iran

White House ‘1264 Notice’ and Novel Legal Claims for Military Action Against Iran

"The administration’s positions amount to a fundamental revision of existing legal foundations for military action against Iran that can be undertaken by this and future presidents."
An email from Mark Paoletta on August 12, 2019 reading, “Alternative language. [Redacted] Mike Paoletta General Counsel Office of Management & Budget [Redacted] (office) [Redacted] (cell)”

Exclusive: New Unredacted Emails Show How Deeply OMB Misled Congress on Ukraine

New unredacted emails confirm that OMB, including the general counsel’s office, was fully in the loop about the Pentagon’s Ukraine funding worries, and took active steps to…
Lt. Col. Alexander Vindman, National Security Council Director for European Affairs, testifies before the House Intelligence Committee in the Longworth House Office Building on Capitol Hill November 19, 2019 in Washington, DC.

The Friday Night Massacre’s Broader Context: Trump’s Redesign for American Democracy

As we discussed with one of the authors of the book, How Democracies Die, the purges fit an ominous path followed by elected autocrats.
Marik String on July 24 2019 at a Senate Committee on Foreign Relations hearing.

What the State Department Legal Adviser Promised Congress on Iran

Will Mr. Marik String keep his word?
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